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minsal   27 March 2024 at 23:15

Part payment in commercial suit

In a commercial suit the defendant couldn't appeared in the court to defend but had made a part payment by NEFT in the Plaintiff's bank account without inform the Plaintiff. Later on at the time of filing an ex-parte evidence the advocate had mentioned about the receipt of the part payment and pray for the decree for the balance due amount. The matter is now kept for argument.
My query is that can plaintiff claim for the balance amount? Under which provision?
Please do the needful.

Guru   27 March 2024 at 14:07

Can i appeal directly to district court.

dear sir , I reside in Taluk . my residential address is here . incident taken place here . so I would like to directly move to district court level to file a suite. so can I directly file a suite in district court ? thank you .

yogesh kumar   27 March 2024 at 10:15

Legal notice sent without covering all the facts

Hi Sir,
I sent a legal notice to a person but the notice did not cover all the facts. What to do now ? Whether I can send a reminder notice covering all the facts or whether I should recall the previous legal notice and issue a new one covering all the facts.

Shubam Sukla   26 March 2024 at 18:01

Bike accident - student life employmnet background check

Recently, I was involved in a bicycle accident, but I was not at fault. However, a First Information Report (FIR) was filed against me for rash driving. The other party involved was an elderly man. This incident could have been settled outside of court, but they insisted on pursuing legal proceedings. An FIR was registered against me under sections 279 (rash driving), 337 (causing hurt by act endangering life or personal safety of others), and 338 (causing grievous hurt by act endangering life or personal safety of others) of the Indian Penal Code (IPC). To my knowledge, the charge was increased to IPC 338 due to a hairline dislocation fracture sustained by the elderly man, which has now healed, and he has recovered.

After all these events, if this case continues for an extended period or even after a settlement, will this FIR have any impact on my future career prospects, considering that the case has been filed in court under my name?

NOTE: Few things to be notes, the old man has his own hospital, so no proof that evidence of Fracture is fake or modiefied for getting insurance claim.

Priyanshu Mehta   25 March 2024 at 17:28

Can single appeal be filled against counter claim and suit

Dear Experts,

The plaintiff has filled second appeal in single way against the counter claim and civil suit. As the trial court has passed the judgement in single by mentioning counter claim and civil suit.

The defendant has filled counter claim and civil suit reply in single application thats why the trial court has given the single judgment and single decree of the same.

Now, the question arises before the higher court is that, can the plaintiff file single second appeal against counter claim and the decree judgement ? The plaintiff lawyer has argued that trial court has not given the two judgements against the counter claim and civil suit thats why there is no requirement to file different appeals.

Hence, experts I have following queries in this regard :

1. Is the second appeal maintainable at above law point even if no different appels are filled ?

2. If the second appeal is dismissed with the above reason can the plaintiff file two different appeals with delay of condonation?

3. If the second appeal has no question of law arises and does not have any merits then is the plaintiff has chances to get the stay order in his favor ?

Please guide on theses.Experts guidance are highly appreciated.

Thanks and Regards.

Mahendran   25 March 2024 at 08:34

Partition rights of second wife childrens

Can the Second Wife and Their children's claim property on First Wife Property.
Can the Second Wife Children claim property that settled to First wife children's by their own mother

Mahendran   25 March 2024 at 08:24

Partition rights

Please clarify my doubt, My great grand mother had a property in her name and the same was given to her daughter which is my grandmother (First wife of my grand father) and intern the same was settled to her children's,

Doubt -Grandfather had 2 wife's, can the settled property again be partitioned between family of first wife children's and second wife and to his children's?
if done is that valid?

Kumar Heera   24 March 2024 at 17:10

Legal heir

A man purchased a property with his self earned money in the name of his wife who is a house wife and is illiterate. After the death of the wife, who will be the legal heir?

4WhatIsRight   24 March 2024 at 08:14

Illegal possession of common area of

A standalone 3 storeyed building with 2 flats on each floor. There is a big motor pump room as common facility area, all owners have the key. The motor pump room has been recently illegally taken over by one of the flat owner and he is using it as his personal servant quarter. He has changed the locks. What legal recourse do we have as flat owners, with right over common area facility?

Read more at: https://www.lawyersclubindia.com/experts/illegal-occupation-of-building-s-common-motor-room-758591.asp

P.Muthusamy   23 March 2024 at 17:40

Adding grounds of appeal

In the grounds appeal already submitted to the court, I want to include some important document evidence. What is the procedure?